There are three types of patents. A utility patent is for a process, machine, article of manufacture, composition of matter, or any new and useful improvement thereof. A design patent is for the ornamental design for an article of manufacture. A plant patent is for inventing or discovering and asexually reproducing any distinct and new variety of plant.
An individual wanting to obtain a patent must make an application to the United States Patent and Trademark Office (USPTO). An examiner will review the patent application to see if the invention is eligible. An application is a complex legal document, so it is advisable to use someone trained in the field to create it. Patents are typically valid for 20 years. The application process for a utility patent costs at least a few thousand dollars and sometimes $10,000 or more, including the fees of a patent attorney or agent. The application process takes from one to three years but may take longer. If the claims of the application are rejected (usually because the examiner found prior patents), then the applicant may respond using an appeal process.
The U.S. Patent and Trademark Office Web site offers information for patent, trademark, and service mark queries, including an online searchable database. United States Patent and Trademark Office. Phone: (800) 786-9199.
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